Why File Swapping should be Legal?

So why should file swapping be legal? Let's examine the reasons one
by one.

It is not a Crime

The primary reason why file swapping should be legal is because
it's not a crime, at least not an ethical one. Sites or services
that point to where to download the content are just referencing
the presence of the information. Referencing or linking is
never a crime. It's like
instructions on how to prepare bombs, where to find illegal drugs,
how to cheat various systems, where to find stolen goods, etc.
By itself this information is not a crime to know, because it's
protected speech. So does pointing to a copyrighted resource.

So now we're left with the question whether sharing a copyrighted
work (or downloading it) is an objectively criminal action. The
answer is again "no". It's not a crime since the originator of
a copyrighted work that was made public cannot prevent
non-commercial copies from being made and distributed. As of today,
many countries passed such laws, but these laws are unethical.
Sharing of copyrighted work is common-place, and many of the
people who do it (including many children) do not feel they're
doing something wrong, or feel guilty about it. So it is ethical,
and moral and should be legal.

Note that selling copies commercially (as in stores of pirated
media), can be prohibited by the copyright holder. But
non-commercial copying (from friend to friend, or via
Peer-to-Peer services) cannot.